Research On Recovery Right Of The Social Insurance Fund

It has been nearly 9 years since the introduction of the social insurance advance payment system in July 2011,and the system has been showed the hard of implementation in real life all over the country.The system construction of the advance payment of social insurance fund is gradually perfecting,but the actual implementation is far from the expectation.Therefore,the study of the difficulties of the advance payment system,the exercise of the right to recover,so that it can play greater social value,better achieve the legislative purposes of emergency relief and poverty relief.At present,China's legislation on the social security fund managers recovery of the provisions of the problem is too principled,does not fully clarify the recovery rights related to many issues,the Social Insurance Law in 2018 amendment sought did not expand the system,is not conducive to the exercise of the social insurance fund recovery rights.At present,most scholars do not have enough depth of discussion on this issue,the research angle is single,this paper systematically discusses the social insurance fund agent's right to recover the theoretical basis,existing problems and perfect measures.This paper innovative lying method of interpretation of the law,through combing the relevant social insurance fund agent's right to recover the exercise of the legal norms,set up a series of legal norms composed of a series of legal norms on the social insurance fund agent recovery system of the normative system.Comparative law will be carried through the full text,analysis of common law countries and civil law countries on the right of recovery of relevant provisions and scholars' views,summarized the experience model that can be used for reference outside the territory.This article consists of an introduction and four chapters,which are composed of five parts.The introduction introduces the background of the selection of the right of recovery of social insurance fund,combs the domestic and foreign research dynamics and research methods of the recovery right of the social insurance fund.The first chapter introduces the theoretical basis of the recovery right of social insurance fund.On the basis of clarifying the concept and nature of the right of recovery of social insurance fund,the legal characteristics of the right of recovery of social insurance fund are analyzed by reference.The second chapter introduces the exercise of the right of recovery of social insurance fund.The subject,legal relationship and conditions of the exercise of the right of social insurance fund are analyzed in detail.The third chapter introduces the current situation and dilemma of the legislation of the recovery right of the social insurance fund.China's civil law provides a variety of recovery rights,the social insurance fund recovery rights have a certain guiding significance.At present,the legislative provisions and actual operation of the right to recover the social insurance fund in our country still haveproblems such as unclear scope of infringers,unclear status and legal liability of the subject of rights,and unclear provisions on the exercise of rights.The fourth chapter puts forward its own innovative ideas and detailed legislative proposals,based on the current advance payment system in China,to explore in depth the subject status of the social security fund agent's right to recover,the exercise path,the executive body and other issues.Perfecting the social insurance advance payment system needs to do a good job of sufficient theoretical reserves,there are many scholars and the full support of all sectors of society,I believe that China's social insurance fund recovery rights will be better built at the legal level,social insurance fund advance payment system will be more perfect.That can help meet the needs of the rule of law in a comprehensive way and the construction of a country governed by law.